Casebook: Appeal cases - Householder Development - Summerhouse permitted height claim turned down

A lawful development certificate has been denied for a summerhouse in the rear garden of a house in Surrey after an inspector decided that it exceeded permitted development height limits.

The case turned on the interpretation of permitted development rights under class E, part 1, schedule 2 of the General Permitted Development Order (GPDO) 1995. Paragraphs (i) and (ii) restrict permitted heights to no more than 4m for a building with a ridged roof and 3m in any other case. The issue was whether the summerhouse, which was up to 3.64m high, had a ridged roof.

The appellant argued that there was a ridge tile at the highest point of the roof and that the mono-pitched roof still formed part of a pitched roof even though it sloped in only in one direction. But the inspector decided that because it only had one slope it could not be regarded as a ridged roof for the purposes of the GPDO. It required permission because it exceeded the 3m height, he ruled.

DCS No: WR100-044-645; Inspector: Dennis Bradley; Written representations.


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